Where an organized crime group member applied to a clerk for the opening of a bank account, etc. at a bank, while making a false declaration and acknowledgment that he was not an organized crime group member, and thereby received a passbook, etc., given the facts of the case such as that the bank had regulations that it would refuse any new applications for depositing savings from organized crime group members in accordance with the government guidelines and made it a rule to confirm that applicants were not organized crime group members (see the text of this judgment), such act constitutes the crime of fraud prescribed in Article 246, paragraph (1) of the Penal Code.